Florida Florida Statutes
§ 161.56 — Establishment of local enforcement
FS § 161.56Ch. 161
Statute text
View on source(1)Nothing in ss. 161.52-161.58 shall be construed to limit or abrogate the right and power of the department to require permits or to adopt and enforce standards pursuant to s. 161.041 or s. 161.053 for construction seaward of the coastal construction control line that are as restrictive as, or more restrictive than, the requirements provided in s. 161.55 or the rights or powers of local governments to enact and enforce setback requirements or zoning or building codes that are as restrictive as, or more restrictive than, the requirements- PUBLIC ACCESS.—Where the public has established an accessway through private lands to lands seaward of the mean high tide or water line by prescription, prescriptive easement, or any other legal means, development or construction shall not interfere with such right of public access unless a comparable alternative accessway is provided. The developer shall have the right to improve, consolidate, or relocate such public accessways so long as the accessways provided by the developer are:(a) Of substantially similar quality and convenience to the public;
(b)Approved by the local government;
(c)Approved by the department whenever improvements are involved seaward of the coastal construction control line; and
(d)Consistent with the coastal management element of the local comprehensive plan adopted pursuant to s. 163.3178.
Legislative history
s. 36, ch. 85-55; s. 3, ch. 86-191; s. 8, ch. 2000-141; s. 34, ch. 2001-186; s. 3, ch. 2001-372; s. 31, ch. 2025-8.